1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:
“Assignment” means the period during which the Tutor is supplied to render services to the Client.
“Tutor” means the individual whose services are supplied by BlackStone Tutors to the Client.
“Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to whom the Tutor is introduced.
“Booking” means following the Client’s instruction to BlackStone Tutors to search for a Tutor.
“Engagement” means any employment or use of the Tutor on a permanent or temporary basis for services or any other engagement.
“Introduction” means (i) the Client’s meeting with a Tutor in person, following the Client’s instruction to BlackStone Tutors to search for a Tutor; or (ii) the passing to the Client of a curriculum vitae or other information which identifies the Tutor; and which leads to an Engagement of that Tutor by the Client.
“Initial Meeting” means the first time a tutor arrives at a clients house to undertake a discussion of the course of tuition. This does not constitute an hour of tuition.
1.2. Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1. These Terms of Business constitute the contract between BlackStone Tutors and the Client for the supply of the services of BlackStone Tutors in the organisation of tuition, or the provision of professional educational guidance.
2.2. Unless otherwise agreed in writing by a director of BlackStone Tutors, these Terms of Business shall prevail over any other terms of business or purchase conditions put forward by the Client.
2.3. No variation or alteration of these Terms of Business shall be valid unless approved in writing by a director of BlackStone Tutors.
3. SUITABILITY AND REFERENCES
3.1. BlackStone Tutors endeavours to ensure the suitability of any Tutor supplied to the Client by only supplying Tutors who have been selected through interview and by taking up references.
4. FEES
4.1. The current hourly fee is £45-60 each tutoring session of up to one hour. Tuition will be charged to the nearest quarter of an hour.
4.2. Educational Consultations with BlackStone Tutor’s professional Educational Consultant, will be charged at £60 per hour for a telephone consultation and £160 per hour for a consultation in the BlackStone Tutors Offices.
4.3. If a pupil is required to be taught in the BlackStone Tutors Offices a £10 per hour room charge will be applied.
4.4. Residential Tuition will be charged at £240 per day. The client is required to provide accommodation and food for the tutor as well as travel expenses to and from the clients location.
4.5. BlackStone Tutors may change the booking fees at any time but only after notifying the Client of the proposed change.
4.6. No refund of booking fees is payable should BlackStone Tutors be restructured, merged, transferred or closed.
4.7. Payments are due 7 days after the BlackStone Tutors Invoice. If payment has not been received BlackStone Tutors reserves the right to withdraw their tutor.
5. CANCELLATION FEES
A) FOR PRIVATE TUITION
5.1. If the booking is cancelled with at least 24 hours notice there will be no charges applicable for the Tutor.
5.2. If the Client cancels with less than 24 hours notice, the Client must pay BlackStone Tutors the hourly fee for the tutoring session, from which BlackStone Tutors must pay the Tutor.
B) INTENSIVE AND BESPOKE COURSE BOOKINGS AND PERSONAL STATEMENT SERVICES
5.3 BlackStone Tutors will offer a 100% refund to all bookings cancelled greater than 6 months prior to courses.
5.4 BlackStone Tutors will offer a 50% refund to all bookings cancelled between 3 and 6 months in advance of the course.
5.5 No refunds will be offered where less than 3 months cancellation notice is given or in the case of ‘non-attendance’ on the day, regardless of the reason.
5.6 Bookings made within 3 months of the course date are strictly non-refundable.
5.7 All events are subject to change. BlackStone Tutors reserves the right to make any changes whatsoever in the event owing to unforeseen or unavoidable cause; or to cancel the event for any reason beyond our control without prior notice.
6. CONDITIONS
6.1 The Client undertakes to make all bookings with Tutors exclusively through BlackStone Tutors.
6.2 The Client undertakes to respect the Tutor’s right to privacy and agrees not to ask any Tutor for a phone number or contact address other than through BlackStone Tutors.
6.3 BlackStone Tutors may decline at any time to arrange an Assignment if the Client does not observe any of these Conditions or at its discretion.
7. LIABILITY
7.1 Whilst every effort is made by BlackStone Tutors to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Tutors and further to provide them in accordance with the Client’s booking details, BlackStone Tutors is not liable for any loss, expense, damage or delay arising from any failure to provide any Tutor for all or part of the period of booking or from the negligence, dishonesty, misconduct, accidental damage to property during the assignment or lack of skill of the Tutor. For the avoidance of doubt, BlackStone Tutors does not exclude liability for death or personal injury arising from its own negligence.
7.2 Tutors are engaged by BlackStone Tutors under contracts for services and are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Tutor, whether wilful, negligent or otherwise as though he was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff, including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Tutor during all Assignments.
7.3 The Client shall advise BlackStone Tutors of any special health and safety matters about which BlackStone Tutors is required to inform the Tutor. The Client will assist BlackStone Tutors in complying with BlackStone Tutors’s duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by BlackStone Tutors and the Client will not do anything to cause BlackStone Tutors to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Tutor for more than 48 hours in any week, the Client must notify BlackStone Tutors of this requirement before the commencement of that week.
7.4 The Client shall indemnify and keep indemnified BlackStone Tutors against any costs, claims or liabilities incurred by BlackStone Tutors arising out of any Assignment or arising out of any non-compliance with clause 8.2 and 8.3 and/or as a result of any breach of these Terms by the Client.
8. TERMINATION
8.1 The Client undertakes to supervise the Tutor sufficiently to ensure the Client’s satisfaction with the Tutor’s standards of workmanship. If the Client reasonably considers that the services of the Tutor are unsatisfactory, the Client may terminate the Assignment either by instructing the Tutor to leave the Assignment immediately, or by directing BlackStone Tutors to remove the Tutor. BlackStone Tutors may in such circumstances reduce or cancel the charges for the time worked by that Tutor, provided that notification of the unsuitability of the Worker is confirmed in writing to BlackStone Tutors within 48 hours of the termination of the Assignment.
8.2 The Client shall notify BlackStone Tutors immediately and without delay and in any event within 24 hours if the Tutor fails to attend work or notifies the Client that he is unable to attend work for any reason.
9. LAW
9.1 These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.
